# Certification bodies 43(2) — GDPR — provision context

> Focused context for a single provision (43(2)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-43#par-2
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Certification bodies** (GDPR, full article: https://overview.legal/laws/gdpr/art-43).

## Provision text

### 43(2)

Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have:

a) demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority;
b) undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63;
c) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks;
d) established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and
e) demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests.

## Topics on this provision

- **Certification** — https://overview.legal/topics/certification
  Data protection certification mechanisms

## Cited by (exact-provision citations)

- **Judgment of the General Court (First Chamber, Extended Composition) of 10 September 2025.#Tiktok Technology Ltd v European Commission.#Digital services – Regulation (EU) 2022/2065 – Commission decision determining the amount of the supervisory fee for 2023 – Article 43(3) to (5) of Regulation 2022/2065 – Article 4(2) of Delegated Regulation (EU) 2023/1127 – Method for calculating the number of average monthly active recipients – Temporal adjustment of the effects of an annulment.#Case T-58/24.** (case-law) — https://overview.legal/posts/132134
- **Judgment of the General Court (First Chamber, Extended Composition) of 10 September 2025.#Tiktok Technology Ltd v European Commission.#Digital services – Regulation (EU) 2022/2065 – Commission decision determining the amount of the supervisory fee for 2023 – Article 43(3) to (5) of Regulation 2022/2065 – Article 4(2) of Delegated Regulation (EU) 2023/1127 – Method for calculating the number of average monthly active recipients – Temporal adjustment of the effects of an annulment.#Case T-58/24.** ¶11 (case-law, General Court) — https://overview.legal/posts/132134
- **Opinion 12/2022 on the draft decision of the competent supervisory authority of France regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125928
- **Opinion 37/2023 on the draft decision of the competent supervisory authority of Luxemburg regarding the approval of the requirements for accreditation of a certification body pursuant to Art. 43.3** (guidance) — https://overview.legal/posts/125782
- **Opinion 4/2023 on the draft decision of the competent supervisory authority of Malta regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125872
- **Opinion 11/2022 on the draft decision of the competent supervisory authority of Poland regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125931
- **Opinion 13/2026 on the draft decision of the Office of the Data Protection Ombudsman (FI SA) regarding the approval of the requirement for accreditation of a certification body pursuant to Article 43(3) GDPR** (guidance) — https://overview.legal/posts/125674
- **Guidelines 1/2018 on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation** (guidance) — https://overview.legal/posts/38048
- **Opinion 13/2023 on the draft decision of the competent supervisory authority of Croatia regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125839
- **Opinion 38/2023 on the draft decision of the competent supervisory authority of Slovenian regarding the approval of the requirements for accreditation of a certification body pursuant to Art. 43.3** (guidance) — https://overview.legal/posts/125781
- **Opinion 12/2023 on the draft decision of the competent supervisory authority of Cyprus regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125843
- **Opinion 13/2022 on the draft decision of the competent supervisory authority of Bulgaria regarding the approval of the requirements for accreditation of a certification body pursuant to Article 43.3 (GDPR)** (guidance) — https://overview.legal/posts/125930

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-43#par-2 · 2026-08-22